EU opens proceedings against Google: AI anti-competitive?

Is Google harming competition with its AI services? The EU Commission fears so and has therefore initiated formal proceedings. It concerns the content created by publishers and website operators. Google uses it for its AI services – specifically, for example, the AI overview in search and the AI mode. This deprives content creators of clicks to their websites. And thus also the opportunity to earn money from advertising on their own websites.

However, the EU Commission is not only concerned with publishers and content creators. It also has other AI providers and developers in its sights. This is because Google potentially makes it difficult for them to access the content. The accusation is once again that Google is exploiting its dominant market position.

Google leaves no choice

Creators of YouTube videos are also affected. Google also uses the information and content contained there for its own AI services. Furthermore, the EU Commission points out here that Google uses the videos for training its own AI models. It is not possible to publish videos on YouTube without also giving consent for Google to use the content elsewhere. Here too, it is stated that other AI developers are disadvantaged because such use is prohibited for them.

Google does not compensate for the use of content, neither on YouTube nor from other website operators. The Commission apparently also considers it problematic that Google creates hardly any possibilities to protect its own content from being used by Google. This is because Google links access to content to its general findability in search results. This means there is no distinction for crawlers that is recognizable to publishers. Either you allow all Google crawlers or you block them all – but then your own website will no longer appear in Google search results.

A formal investigation by the Commission initially means that Google can respond to questions and accusations. Google says in a statement: "This complaint risks stifling innovation in a market that is more competitive than ever. Europeans have a right to benefit from the latest technologies. We will continue to work closely with the news and creative industries as they transition into the AI era."

Further proceedings against Google

In another proceeding, the Commission is currently examining whether Google's search engine discriminates against content or websites. Google's justification that websites rank worse for technical reasons is therefore considered a pretext. Google also has to pay 2.96 billion euros for violating European competition law in the advertising market. Google abused its position by favoring its own advertising technology over competitors, according to the reasoning.

And Google has also faced several proceedings in the USA. After it was judicially determined that Google holds a monopoly, conditions were imposed that the company must now fulfill. The breakup was also considered, but Google managed to avoid it. For example, Google has to share data from its search with other companies. However, many observers of the process consider this to be far too lenient.

In addition, publishers are suing in the USA, claiming that clicks and advertising revenue have been declining since the introduction of AI overviews.

(emw)